Vasu, Mowlana still face indictment

Wasantha RAMANAYAKE

A Fundamental Rights application was filed in the Supreme Court on behalf of a group of trade union leaders who still face the danger of re-indictment in the High Court after they had been discharged 19 years ago.

Petitioner trade union activist A.V. Naris Perera stated that the 12 accused including Vasudeva Nanayakkara, Alavi Mowlana were indicted before the Colombo High Court on 14 counts including being members of an unlawful assembly with common object of causing hurt to the public on August, 8, 1980.

The petitioner stated that twelve years later in 1991 the case was taken up for trial on July 12.

The High Court discharged all the accused on October 14, 1991 upholding the preliminary objections raised by the defence counsel. The petitioner stated that the discharge order of the court is pending for 19 years.

He stated that the accused are still facing the danger of being indicted and that the Attorney General has not so far informed the accused that charges against them are withdrawn.

The petitioner stated that the failure of the Attorney General to take a decision to indict the accused or withdraw the charges in respect of the the accused is in violation of the rights of the accused. The petitioner further stated that in terms of amendments made in respect of the Magisterial Court procedure such order of discharge shall amount to an acquittal.

The petitioner stated that such amendments had not been made in respect of the High Court procedure.

He stated that some accused had died after discharge without obtaining the acquittal and some were deprived of their back wages and reinstatements.

The petitioner also sought among other things suitable amendments for the High Court procedure, to prohibit the Attorney General from indicting accused after several years of their discharge and declare a time period for indicting after such order of discharge.

Attorney-at-Law Nimal Muthukumarana filed the petition.